Beverly

• Beverly allows ADUs by right in most single-family residential districts under a local ordinance approved in December 2023, now supplemented by state law.
• Both attached and detached dwelling units are permitted; non-family members are allowed to live in the ADU.
• Maximum size under state law is 900 sq ft or 50% of principal dwelling, whichever is smaller (Beverly's local ordinance originally allowed up to 1,000 sq ft).
• Short-term rentals of ADUs are not allowed; no affordability requirement.
• Design must be complementary to the primary dwelling; setbacks must be met for the zoning district.

1. Confirm your property is in an eligible single-family residential zoning district.
2. Prepare architectural plans meeting building code, zoning setbacks, height, and design compatibility requirements.
3. Submit a building permit application to the Department of Municipal Inspections (Building Department) at 8 Dane Street, Beverly, MA 01915.
4. Zoning determinations are made by the Director of Municipal Inspections / Zoning Enforcement Officer.
5. If the property requires a zoning variance or expansion of a non-conforming structure for ADU creation, a Special Permit is required (not by-right).
6. Pass all required inspections.
7. Obtain certificate of occupancy before use.

• Maximum size: 900 sq ft or 50% of the primary dwelling's gross floor area, whichever is less (state law Protected Use ADU limit). Beverly's local ordinance originally set the cap at 1,000 sq ft; units between 900 and 1,000 sq ft may be subject to additional local rules.
• Design: The ADU must be designed to be complementary to the primary dwelling.
• Setbacks: Side and rear setbacks must be met for the specific zoning district. Under state law, setback requirements for ADUs cannot be more restrictive than those for the principal dwelling or accessory structures in the district.
• Height: Must comply with district height requirements.
• Types: Both attached and detached dwelling units are permitted.
• Limit: One ADU per property.

• 1 off-street parking space per ADU required under the local ordinance.
• Under state law (760 CMR 71.03), municipalities may require a maximum of 1 parking space for ADUs more than 0.5 miles from transit.
• 0 parking spaces required if the property is within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station.
• Verify transit proximity for parking exemption eligibility with the Building Department.

• Pre-existing local ordinance: Beverly's ADU ordinance was adopted in December 2023, predating the state law effective February 2, 2025. Some provisions in the local ordinance may conflict with state law -- the state law preempts more restrictive local provisions.
• Owner-occupancy: Beverly's original ordinance required owner-occupancy of one of the two dwelling units. This provision is preempted by state law (760 CMR 71.03), which prohibits owner-occupancy requirements.
• Non-conforming properties: If a zoning variance or expansion of a non-conforming structure is needed to create the ADU, a Special Permit is required (the ADU is not by-right in those circumstances).
• No affordability requirement: Unlike Salem, Beverly does not impose rent caps on ADUs.
• Community planning context: Beverly developed its ADU ordinance through a one-year planning process (2021-22) supported by MAPC, including public forums, focus groups, and data analysis tools.

The following captures the major components of the Beverly ADU Ordinance as described on the City of Beverly's official website:

ACCESSORY DWELLING UNIT (ADU) ORDINANCE -- CITY OF BEVERLY

The ADU Ordinance was approved in December 2023 and is now in effect.

TO APPLY: Building Permit application at the Department of Municipal Inspections (Building Department)

Zoning Determinations: Made by the Director of Municipal Inspections / Zoning Enforcement Officer

Address: 8 Dane Street, Beverly, MA 01915

Phone: 978-921-6025

MAJOR COMPONENTS OF THE ADU ORDINANCE:

1. Allowing ADUs by-right in most single-family residential districts

2. Allowing both attached dwelling units and detached dwelling units

3. Removing the restrictions on who can live in an ADU to allow non-family members

4. Requiring owner-occupancy of one of the two dwelling units and one off-street parking space per ADU [NOTE: Owner-occupancy is preempted by state law (760 CMR 71.03)]

5. No affordability requirement

6. Thoughtful unit dimensional requirements, including unit size, setback, and height

7. Zoning variances and expansion of non-conforming structures may be permitted to create an ADU but will require a Special Permit for the ADU use (not by-right)

ADU PROJECT HISTORY:

• June 2023: Planning Department filed Zoning Amendment to create ADU Ordinance
• September 5, 2023: Joint Public Hearing with City Council and Planning Board
• September 18, 2023: City Council continued and closed the public hearing
• October 3, 2023: Planning Board continued and closed their hearing, made recommendation to City Council
• November 20, 2023: City Council set 2nd public hearing for amendments
• December 2023: ADU Ordinance approved

ABOUT THE PROJECT:

The City of Beverly worked to encourage greater diversity of housing options, as committed to in:

• Beverly Community Housing Plan (2016)
• Beverly Master Plan (2020)

The one-year planning process (2021-22) was supported by MAPC (Metropolitan Area Planning Council).

Previously, Beverly's zoning ordinance allowed certain kinds of ADUs for family members or caretakers of residents in the primary home. Updates include removing the restrictions on who can live in an ADU to allow non-family members.

Community engagement included:

• Public forums and focus groups
• Research on best practices for ADUs
• Development of a data tool to understand potential impacts
• Maps showing which parcels may be eligible for ADUs

KEY DOCUMENTS AVAILABLE ON BEVERLY'S WEBSITE:

• Final Approved Ordinance language
• ADU Ordinance (June 21, 2023) -- superseded version
• Package submitted to City Council (June 21, 2023) -- superseded version
• Public Hearing Presentation (Sept. 5, 2023)
• Recommendation from Planning Board (Oct 5, 2023)
• Revised ADU Ordinance Amendment (final mark up, Oct 12, 2023)
• Output Maps from Data Tool (various categories)
• Informational Flyers (Attic/Basement ADU, Downsizing ADU, Find Their Place ADU)

CITY CONTACT:

Darlene Wynne, Director of Planning

STEERING COMMITTEE:

Sarah Bartley (Planning Board), Hannah Bolcome (At Large), Marina Bueno (At Large), Rich Dinkin (Affordable Housing Trust), Scott Houseman (Ward 4 City Councilor), Nikki Moore (At Large), Gary Moffie (General Contractor), Rosa Ordaz (Harborlight Community Partners)

Beverly has adopted the Specialized Opt-In Energy Code, the most stringent tier in Massachusetts. A certified HERS Rater is required for all new construction, including ADUs.

Your ADU must achieve a HERS index of 52 or lower (mixed-fuel) or 55 or lower (all-electric). Going all-electric earns a 3-point offset, making compliance easier. Budget $500–$1,500 for HERS testing.

Additional Specialized Code requirements include ERV/HRV mechanical ventilation (bath fans alone don't qualify), EV-ready wiring if on-site parking is provided, and stricter standards for larger projects. All-electric construction is strongly encouraged.

Beverly's local ADU ordinance (adopted December 2023) predates the state Affordable Homes Act. The following local provisions are preempted by state law effective February 2, 2025:

• Owner-occupancy requirement: Beverly's ordinance required owner-occupancy of one of the two dwelling units. Under 760 CMR 71.03, municipalities cannot impose owner-occupancy requirements for either the ADU or the principal dwelling.
• Parking near transit: If a property is within 0.5 miles of a transit station, no additional parking can be required for the ADU, regardless of what the local ordinance states.

Beverly's other provisions (design compatibility, setback requirements, by-right permitting, short-term rental prohibition, one ADU per property) are generally consistent with what municipalities are allowed to regulate under state law.

The local 1,000 sq ft size cap exceeds the state's 900 sq ft Protected Use threshold. ADUs up to 900 sq ft are "Protected Use ADUs" under state law and must be allowed by right. ADUs between 900 and 1,000 sq ft fall under Beverly's local ordinance authority and may be subject to additional requirements.

• City of Beverly ADU Ordinance Page: https://www.beverlyma.gov/1028/Accessory-Dwelling-Unit-ADU-Ordinance
• Beverly Zoning Code (ecode360.com)
• Massachusetts Affordable Homes Act (H.4977 / St. 2024, c. 150)
• 760 CMR 71.00: Protected Use Accessory Dwelling Units